(A) Regular inspections. Every dwelling unit shall be inspected upon receipt of a written application for permit or upon receipt of a signed complaint from members of two different households. Upon issuance of a valid permit, the dwelling unit should thereafter be inspected at least once in every 24-month period (two calendar years). Nothing in this division shall be construed to prohibit the Housing Inspector from conducting inspections more frequently than once every 24 months under appropriate circumstances.
(B) Complaint inspections. The Housing Inspector shall, whenever possible, inspect any dwelling upon receipt of a complaint from a person with demonstrable interest and evidence that the subject matter of the complaint has been reported to the operator. In addition, the Housing Inspector may, at the Housing Inspector’s own discretion, inspect any dwelling as frequently as necessary.
(1) For the purposes of this division, the following shall apply:
(a) Persons with demonstrable interest are the owner, occupant or other occupant in the same dwelling; or the owner or occupant of other premises within 500 feet of the premises in question;
(b) A complaint shall be whatever is injurious to health, indecent or offensive to the senses or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life and property, as provided in the definition of the term “nuisance” in Chapter 90 of this code, or a violation of § 155.13 of this chapter that creates, constitutes or contributes to an unsafe condition;
(c) The fact a complaint of nonconformance with this chapter is made by the occupant shall not be used as a ground, cause, or basis for termination of the tenancy or reduction of services by the owner;
(d) No person shall maintain an action for eviction of an occupant of property owned by that person when seeking to evict the occupant because the occupant has reported a violation of this chapter or a related section of the code to the Housing Inspector or other city employees.
(2) Nothing in this division shall be interpreted or deemed to be a repeal, amendment, modification or dispensation of any housing standard or inspection requirement established by state or federal law.
(C) Inspection disclaimer. The city, its officers, employees or agents make no representations or warranties of any kind whatsoever, expressed or implied, with respect to the completeness or thoroughness of the inspections and examinations performed under this code, but the inspections are made solely to assist the owner of any building, structure, equipment and premises to meet certain minimum requirements of this code and to compel, if necessary, the owner to meet the minimum requirements for the protection of the health, welfare and safety of persons and property. Nothing herein contained in this code shall alleviate the owner of any building, structure, equipment and premises to make an independent inspection in order to fulfill the requirements of this code nor shall this code be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building, structure, equipment or premises regulated herein from any damages to any person or property caused by defects or code violation. The city, its officers, employees or agents shall not be held as assuming any liability for damages to any person or property by reason of any inspections authorized by this code or investigations, or any approvals issued herein, or for any act or failure to act in the enforcement of this code.
(Ord. 2664, passed 12-8-2020)